Jim McCarthy is sometimes called "The Commander" by his partners, a reference to Jim’s service in the United States Navy, where he learned the discipline, attention to detail and management skill that make him a leading litigator. Anyone who has seen Jim orchestrate a complicated litigation matter or charge decisively forward to advance or protect his clients’ rights would agree that the nickname fits him like a glove.
Jim's commercial litigation practice is diverse, but several areas of special concentration have emerged, including patent, trademark, copyright, intellectual property, business torts, unfair competition, eminent domain, tax valuation, employment, wrongful termination, wage and hour, contract and civil rights. In each of these areas, Jim brings a focused, determined approach that shows no hesitation to submit matters to trial if a resolution cannot be reached.
His command of trial practice comes from significant courtroom experience. From 1991 to 1995, he served as Chief Trial Counsel, Office of the City Solicitor, City of Cincinnati. In this role he supervised seven attorneys assigned to civil litigation including assigning cases, coordinating staff support, training junior attorneys and guiding completion of trials and administrative hearings. Jim represented the City in major litigation involving eminent domain, constitutional issues, employment discrimination and breach of contract; and was responsible for the acquisition of property for the two largest downtown developments, the Arts Center and Fountain Square West.
From 1982 to 1991, Jim was the Assistant City Solicitor, assigned to the Trial Section within the Civil Division. He served as trial counsel for the City in complex litigation involving eminent domain for major urban renewal project, Riverfront Stadium leases and operations, purchase and installation of computer system for wastewater treatment plant and constitutional challenges to police power ordinances.
At Katz Teller, Jim is active in the firm’s administrative, finance, marketing and Meritas committees.
AWARDS & HONORS
REPRESENTATIVE PUBLISHED CASES
- Recognized in the 2014-2016 editions of Benchmark Litigation, the Guide to America’s Leading Litigation Firms and Attorneys, as a litigation star in Ohio
- Consistently recognized as an Ohio Super Lawyer® by Law & Politics Media, Inc. since its inception in 2003
- Listed in Woodward/White’s Best Lawyers in America®, 2009-2017
- Admitted to The National Trial Lawyers in 2011, a national organization composed of the top 100 trial lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications, leadership, reputation, influence, stature and profile as trial lawyers, both civil plaintiff and criminal defense.
- Named 2014 “Lawyer of the Year” for Cincinnati in Municipal Litigation by Woodward/White’s Best Lawyers in America®
- Named by Cincy Business Magazine as a “Leading Lawyer” in Civil Litigation, 2014
CERTIFICATES & PROFESSIONAL AFFILIATIONS
- Acordia of Ohio, LLC v. Fishel, 133 Ohio St. 3d 356 (2012)
- Gamel v. City of Cincinnati, 2010, Fed. App. 0346P (6th Cir. 2010)
- State Ex Rel Hilltop Basic Resources, Inc. v. Queensgate Terminals, LLC, 118 Ohio St. 3d 131 (2008)
- Wardrop v. City of Middletown Income Tax Review Board, 2008-Ohio-5298
- Collins v. Marva Collins Preparatory School, 2007 U.S. Dist. LEXIS 49410 (S.D. Ohio 2007)
- River City Capital, LLP v. Board of County Commissioners, 491 F.3d 301 (6th Cir. 2007)
- Mayborg v. City of St. Bernard, 2007 U.S. Dist. LEXIS 85276 (S.D. Ohio 2006)
- City of Norwood v. Burton, 164 Ohio App. 3d 136 (2005)
- Littlejohn v. Parrish, 163 Ohio App. 3d 456 (2005)
- Clark v. City of Cincinnati, 40 F.3d 807 (6th Cir. 1994)
- 2015, United States District Court, Eastern District of Wisconsin
- 2009, United States Court of Appeals for the Federal Circuit
- 2008, United States District Court, Northern District of Illinois
- 2008, United States District Court, Central District of Illinois
- 2006, United States Court of Appeals, Fourth Circuit
- 2005, United States Court of Appeals, Eighth Circuit
- 2005, United States Court of Appeals, Seventh Circuit
- 2005, United States Court of Appeals, Fifth Circuit
- 2002, United States Court of Appeals, Ninth Circuit
- 2000, United States District Court, Northern District of Ohio
- 2000, United States Tax Court
- 1989, United States Supreme Court
- 1989, United States Court of Military Appeals
- 1981, United States Court of Appeals, Sixth Circuit
- 1978, United States District Court, Southern District of Ohio
- 1977, Ohio
State of Ohio ex rel Queensgate v State of Ohio — Supreme Court holds that closure of access constitutes taking of property.
Proctor v NJR Properties,LLC — Court clarifies right to receive damage to residue in taking by State.